Bill Status of SB 3444   103rd General Assembly


Short Description:  CRIM PRO-UNFIT DEFENDANT

Senate Sponsors
Sen. Don Harmon

Last Action  View All Actions

DateChamber Action
  2/8/2024SenateReferred to Assignments

Statutes Amended In Order of Appearance
725 ILCS 5/102-24 new
725 ILCS 5/104-10from Ch. 38, par. 104-10
725 ILCS 5/104-11from Ch. 38, par. 104-11
725 ILCS 5/104-12from Ch. 38, par. 104-12
725 ILCS 5/104-13from Ch. 38, par. 104-13
725 ILCS 5/104-14from Ch. 38, par. 104-14
725 ILCS 5/104-15from Ch. 38, par. 104-15
725 ILCS 5/104-16from Ch. 38, par. 104-16
725 ILCS 5/104-17from Ch. 38, par. 104-17
725 ILCS 5/104-18from Ch. 38, par. 104-18
725 ILCS 5/104-19from Ch. 38, par. 104-19
725 ILCS 5/104-20from Ch. 38, par. 104-20
725 ILCS 5/104-21from Ch. 38, par. 104-21
725 ILCS 5/104-22from Ch. 38, par. 104-22
725 ILCS 5/104-23from Ch. 38, par. 104-23
725 ILCS 5/104-24from Ch. 38, par. 104-24
725 ILCS 5/104-25from Ch. 38, par. 104-25
725 ILCS 5/104-26from Ch. 38, par. 104-26
725 ILCS 5/104-30from Ch. 38, par. 104-30
725 ILCS 5/104-31from Ch. 38, par. 104-31
725 ILCS 5/104-27 rep.
725 ILCS 5/104-28 rep.

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.

Actions 
DateChamber Action
  2/8/2024SenateFiled with Secretary by Sen. Ann Gillespie
  2/8/2024SenateFirst Reading
  2/8/2024SenateReferred to Assignments
  4/15/2024SenateChief Sponsor Changed to Sen. Don Harmon

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